Ram Johar And Ors. vs State Of U.P. Thru. Secy. Home And ...
2017 Latest Caselaw 2589 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 
Case :- MISC. BENCH No. - 16088 of 2017
 
Petitioner :- Ram Johar And Ors.
 
Respondent :- State Of U.P. Thru. Secy. Home And Ors.
 
Counsel for Petitioner :- Ram Singh
 
Counsel for Respondent :- Govt. Advocate
 
Hon'ble Ramesh Sinha,J.

Hon'ble Mrs. Rekha Dikshit,J.

Heard Sri Ram Singh, learned counsel for the petitioners, Sri S.P. Singh, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.

This petition has been filed by the petitioners with a prayer to quash the FIR dated  23.12.2012 registered as Case Crime No.417 of 2012, under Sections 419, 420, 467, 468, 471 I.P.C., Police Station Akbarpur, District Ambedkar Nagar.

Learned counsel for the petitioners submits that  the petitioners and respondent no.4 are related to each other and there was civil litigation between the parties. He further submits that an application under Section 143 of U.P.Z.A. & L.R. Act is stated to have been filed in the matter by the informant and others and there is allegation and counter allegation between the parties for filing the same. If there was any such application, the competent authority should have  to proceed under Section 340 Cr.P.C. against the petitioners, hence, the present FIR has been lodged as a pressure tactics levelling false and frivolous allegation though no offence is made out against the petitioners, hence, the FIR be quashed.

Learned A.G.A. opposed the prayer for quashing of the FIR, but could not dispute the aforesaid fact as argued by learned counsel for the petitioners.

Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but they shall co-operate with the investigation of the case.

With the above direction, this petition is finally disposed of.

(Mrs. Rekha Dikshit,J.)     (Ramesh Sinha, J.)

Order Date :- 20.7.2017/NS